Production Terms
These production terms apply to projects quoted and produced by Firewire Book Printing. They are intended to keep expectations clear around estimates, proofs, approvals, production timing, shipping, payment, and other details that affect your book project.
By signing a quote, paying a deposit, submitting files for production, or otherwise authorizing Firewire to move forward with your project, you confirm that you have reviewed and accepted these Production Terms.
If anything in these terms feels unclear, please ask before approving your estimate or submitting payment. We’re happy to clarify how these terms apply to your specific project.
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PRICING
Pricing will be honored for 30 days. To secure pricing return a signed copy of the estimate and indicate the quantity ordered. Any change to specifications, or if print-ready files are not submitted within 30 days of signed estimate, may require updated pricing. Signing and acceptance of this estimate or a single purchase order indicates customer acceptance of Terms and Conditions.
COPYRIGHTS
Customer warrants it owns the copyright or has the express permission of the owner of the copyright to reproduce the subject matter, and that it has not removed any copyright notice from any material to be reproduced, and that the subject matter does not infringe or violate any intellectual property or other proprietary right of any third party.
DIGITAL ASSETS
Customer is responsible to maintain a copy of all digital assets submitted to Firewire. Firewire is not responsible for accidental damage or loss of media supplied by the customer or for the accuracy of finished input or final output. We do not store customer files for longer than 12 months. Customer is responsible to carry adequate insurance on materials supplied or owned by them.
SUBCONTRACT
Firewire may subcontract with suppliers for work on behalf of the customer and reserves the right to cancel customer’s order upon written notice to the customer for any reason within 10 working days after receipt of files without liability, and refund customer deposit.
ALTERATIONS
Customer alterations include work that is in addition to the original specifications and will be invoiced at current rates. Firewire will not be responsible for errors if proofs are not required by the customer, or the work is printed per the customer’s approval, or customer’s requests for changes are communicated orally.
PRODUCTION SCHEDULES
Firewire cannot guarantee production schedules; all schedules are approximate and can be affected by many things including labor issues, machine breakdowns, acts of God, material shortage, quality issues and time required to resolve them, freight delays, accidents, quarantine, and disputes by the customer of any portion of the project with or without cause. Firewire will not be liable or penalized for incidental or consequential damages that arise from any delays.
PROOFING & COLOR
An electronic or printed proof is used to simulate how the printed piece will look. Due to differences in things such as paper, viewing conditions, monitor calibration, ink, equipment and press room operating conditions, customer will accept a reasonable variation in color between proofs and the final product. Firewire cannot provide discounts or reprints for some color variation. The cost of printed proofs is additional and will not be finished unless it has been requested by the customer.
QUALITY
Firewire strives to produce and deliver superior quality products. The mechanical process inherent in printing and binding, including paper that expands and contracts with changes in humidity and thickness variations and imperfections of milled paper, guarantees that books will at times have minor flukes such as ink spots, hickeys, broken type, bubbles, marking, ghosting of images, bends, scratches, white spots, variation in foil stamping and embossing, color variation, and so forth. In nearly all cases, such minor flaws do not affect the readability, marketability, or enjoyment of the book by the end consumer. Firewire will not provide credits on invoices or reprints when such minor imperfections appear as a result of the high-speed mechanical nature of printing and binding. Trade manufacturing tolerance is plus or minus 1/8-inch for all specifications.
HUMIDITY & TEMPERATURE
When books leave the controlled environment of the manufacturing plant, they will react to changes in temperature and humidity. The paper may take on or give off moisture, and at times this results in phenomenon such as waviness in the book block, hardcover warp, or softcover curl. Firewire cannot control these environmental issues, and thus cannot warrant that its books will not at times exhibit such phenomenon, and will not compensate customers or provide a reprint when books are affected in this way.
OVER-RUNS & UNDER-RUNS
Firewire follows the industry standard and invoices for the actual quantity delivered to the customer, which can vary up to 5% of the order quantity, plus or minus, and this shall constitute acceptable delivery. Customer agrees to pay for actual quantity delivered within these parameters.
INSURANCE
Firewire maintains comprehensive insurance for every project throughout the shipping process. In the event of significant damage occuring to the shipment during transit that affects the sellability of the inventory, Firewire will file any necessary damage or loss claims under directly with their insurance provider.
CLAIMS & LIABILITY
Claims for defects, damages, or shortages must be made by the customer in writing no later than 10 calendar days after delivery or attempted delivery of the product to the customer. If no such claim is made, the customer will have acknowledged that Firewire has satisfied all terms of the agreement. Firewire’s liability is limited to the unit price of defective and unmarketable items. Under no circumstances will Firewire be liable for punitive, incidental, or consequential damages, including lost profits. Firewire and the customer mutually agree that crediting the unit price or replacing any defective or damaged product that is the subject of this agreement shall be satisfactory.
PAYMENT TERMS
Unless otherwise agreed to by Firewire, 50% deposit is due when the quote is signed, and the balance of the final invoice is due when the project is finished in production and prior to delivery to the customer. Past due invoices are subject to a service charge of 1.5% per month. When payments are made with a credit card, customer pays the processing fee.
NON-PAYMENT
In the event of non-payment, customer agrees to pay for all costs incurred in collection, including but not limited to, reasonable attorney’s fees and costs. As security for payment of any sum due or to become due under terms of this agreement, Firewire shall have the right, if necessary, to retain possession of and shall have a lien on all customer property still in the printer’s possession, and Firewire shall have the right to sell the finished goods to a third party. The extension of credit or guarantee of payment shall not affect such security interest and lien.
WARRANTY
Firewire warrants only that the product will conform to the description contained in the estimate and accepted amendments, and according to the Terms and Conditions noted herein. There are no other warranties, expressed or implied, attaching to goods or services supplied by Firewire, including warranties of merchantability or fitness for a particular purpose.
INDEMNIFICATION
Customer agrees to indemnify and hold harmless Firewire from all loss and liability, including legal costs, attorney fees and damages, resulting from any legal action connected with intellectual property infringement involving the work produced or provided, or if the work contains obscene, libelous or scandalous material, or invades a right of privacy or other personal right. Firewire shall promptly notify customer of any such claim and customer shall promptly defend the claim at its expense.
GOVERNING LAW
Any agreement resulting from acceptance by Firewire shall be governed in accordance with the laws of the State of Utah, USA, and Salt Lake County courts shall have exclusive jurisdiction over any legal proceedings or claims pertaining to the agreement. If any provision of these Terms and Conditions is found to be unenforceable by a court, the remaining provisions shall remain in full force.